EASTHAM — The owners of a new $1.8-million house overlooking Cape Cod Bay at 345 Harmes Way were waiting for an occupancy permit before moving in. Instead they got a notice that the building violates Eastham’s wetlands protection bylaw as well as the conservation commission’s order of conditions, which were issued prior to construction.
Gary and Jan Ross, who live in Oakland, N.J., may find the fix costly. Prompted by a complaint that the 22 pilings on which the house sits are made of pressure-treated wood, the commission called in local builder Timothy Klink, president of Coastal Companies, for information on the material his firm used for the pilings.
Klink provided a letter from his engineer, John O’Reilly, who stated that the pilings were treated with a wood preservative called copper azole. The engineer wrote that wood treated with copper azole would not leach the compound into water or soil.
“I’m not sure where we went wrong here, and where we are in violation,” Klink said during a discussion with the conservation commission on Nov. 14. His company had followed all the required protocols during the demolition and building process, he said.
“What’s kind of out of the ordinary is that the complaint came in about a week before we’re asking for a certificate of occupancy,” said Klink.
He said he assumed the complaint was lodged by someone at town hall, but Conservation Agent Alexander Bates said it came from a member of the public.
According to Klink, a town conservation agent told him the treated wood pilings were acceptable during a conversation at the site a couple of years ago, after the pilings had been delivered but before they were installed. Bates was not the town’s conservation agent at the time.
Commission chair Karen Strauss told Klink the normal procedure at that point would have been to return to the commission for a change in the order of conditions. Her panel planned to track down former conservation agents Keith Johnson and Charles Katuska to see whether either could confirm Klink’s account.
“The conservation department does not have any record that they approved the use of pressure-treated pilings for the 345 Harmes Way project,” said Bates in an email earlier this week.
Strauss said there is a procedure to follow once an order of conditions has been issued. “The first one is an appeal of an order, and you made no such appeal,” she told Klink. “The second method is to request a plan change, so that you come back to the commission so we can thoroughly review any changes you wish to make. There was no request made to change material.”
Klink said Strauss seemed to be acting on her opinion rather than reviewing the facts. “Let me ask this question: why would I install a product to potentially get in trouble?” he asked. “I run a significantly large building company that builds high-end homes. I’m trying to pull the wool over your eyes while I’m in town hall every day and interacting with people on a regular basis?”
Strauss told Klink his frequent presence in town hall should have made it easy for him to request a plan change.
Regarding the engineer’s statement that wood treated with copper azole was safe to use as pilings, Strauss said use of treated wood that comes in contact with the ground is prohibited in Eastham. She cited a handful of requirements in the project’s order of conditions that also prohibited the use of pressure-treated wood.
“You’ve done enough projects in town and enough wetlands-permitted projects that you should understand the process by now,” Strauss said. “You’re not presenting us with any facts. You’re talking about a conversation that was very casual, and we’re not seeing any of the procedures followed that would have had to happen to get a plan change.”
Member Michael Harnett agreed that the commission should track down the former conservation agents regarding any earlier go-aheads. But, he added, “I think the onus of this is on [Klink] to prove, not for us to prove or disprove his statement.”
Klink was asked to come up with a handful of ways to remedy the violation. The commission will review the options at its Feb. 27 meeting. Klink will also present receipts and other proof confirming the type of treated wood that was used for the pilings.
“At least one proposal should include replacement of the noncompliant materials,” Strauss said.
Klink was surprised the commission may require that the pilings be replaced.
“You want us to come in there with multiple cranes, remove the house and set it aside somewhere, remove all the piles, reinstall the piles, and set the house back down?” Klink asked. “Even if it can be accomplished, is that really in the best interest of the environment?”
